Wagner takes plea deal in Detroit altercation case
Allegheny County Controller Chelsa Wagner pleaded no contest Thursday to one count of disturbing the peace related to last year’s recorded altercation involving her, her husband and Detroit police.
As part of the deal, Ms. Wagner will not face a felony count of resisting and obstructing the police.
In a pretrial hearing, Wayne County Circuit Court Judge Regina Thomas sentenced Ms. Wagner to six months’ nonreporting probation, but indicated that the probation could be “closed” upon her payment of $778 in court fees, according to the order of probation signed by Judge Thomas.
Ms. Wagner paid those fees Thursday, court records show.
Her defense lawyer will file a motion Friday asking for early release now that the fines have been paid, Ms. Wagner said, but according to the judge’s clerk of courts, the prosecutor’s office would have to sign off.
In the aftermath of the court’shearing, the Wayne County Assistant Prosecutor’s office and Ms. Wagner’s defense offered contrasting interpretations of the court proceedings.
Ms. Wagner’s team, in a statement after the hearing, said the judge ruled for the misdemeanor to be dismissed “upon [Ms.] Wagner paying for court fees and costs” — though the judge’s clerk said it would require another motion, signed off by the prosecutor.
Maria Miller, a spokeswoman for the assistant prosecutor, said the judge can dismiss Ms. Wagner’s case after she serves the six months of nonreporting probation.
“Please be advised that the case has not been dismissed by the court,” Ms. Miller said, calling the defense’s statement “erroneous.” “Ms. Wagner has a six-month period of nonreporting probation, where she must not have any new criminal cases and must pay court costs and fines.”
Ms. Miller sent the Pittsburgh Post-Gazette a copy of the probation order, signed by the judge, and said it shows that “the probationary term is for six months” and “no order of dismissal exists” — though the order indicates the judge ruled “probation can be closed upon payment of fines and costs.” That will be decided when Ms. Wagner’s defense files its
motion, according to the judge’s clerk.
“The intent of the sixmonth probationary period is to ensure that Ms. Wagner can remain crime free,” Ms. Miller said. “In the future, if the defense files for an early release from probation, [the Wayne County Prosecutor’s Office] will address that on the record in court.”
The legal battle stems from a confrontation between Ms. Wagner and Detroit police at a Westin hotel last March as officers attempted to remove her husband from the premises for allegedly causing a disturbance.
In November, a Detroit jury acquitted her of misdemeanor disorderly conduct, but failed to reach a unanimous verdict on the felony count of resisting and obstructing, prompting the judge to declare a mistrial on that charge.
A month after the mistrial, Wayne County prosecutors said they’d retry the case, while Ms. Wagner said she’d discuss the possibility of a plea deal but really wanted a full acquittal.
Ms. Wagner, who took the stand in her own defense in November, argued that the police were the aggressors during the encounter at the center of the felony charge. She insisted that she followed the directions of the officers to move from the entrance to the hotel elevator as they tried to escort her husband, Khari Mosley, from the premises — but was nonetheless shoved to the ground by Officer Edmond Witcher.
Officer Witcher testified that Ms. Wagner — who was standing “in front” of the elevator — “grabbed him” when he tried to board with Mr. Mosley, and that he pushed her off of him because she was “pinning” him against the wall. The prosecution used this, and the testimony of hotel staff, to argue the officers had acted with restraint and were trying to de-escalate the situation, while Ms. Wagner tried to obstruct and resist their efforts.
Mr. Mosley, who was acquitted in a separate trial on charges of disorderly conduct and disturbing the peace, said Thursday that the legal proceedings have “[ended] a chapter that has been very difficult on us and our children.”
“We also look forward to seeking justice civilly in this matter, as we had always intended, but for now will focus on our family,” Mr. Mosley said in a statement. The couple has often said they intend to file a civil lawsuit against the Westin Hotel and City of Detroit.